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HomeMy WebLinkAbout1000-116.-7-3 & 4PLANNING BOARD M~MBE~ BENNETT ORLOWSKI, JR. Chaiman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATHAM, JR. RICHARD G. WARD Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 6, 1999 Mr. & Mrs. James Orioli 51 Hearth Lane Westbury, NY 11590 Re~ Proposed lot line change for James Orioli & Susan Magg SCTM# 1000-116-7-3 & 4 Dear Mr. and Mrs. Orioli: The following took place at a meeting of the Southold Town Planning Board on Monday, April 5, 1999: The final public hearing, which was held at 7:50 p.m. was closed. The following resolutions were adopted: BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. WHEREAS, Susan Magg and Francis and Judith Orioli are the owners of the property known and designated as SCTM# 1000-116-7-3 & 4 located on Hall's Creek Drive in Mattituck; and WHEREAS, this proposed lot line change is to subtract 3,260 square feet from a 54,298 square foot parcel and add it to a 55,336 square foot parcel; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead Page 2 Proposed lot iine change for Orioli-Magg April 6, 1999 agency and issued a Negative Declaration on April 5, 1999; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on April 5, 1999; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated March 2, 1999, and authorize the Chairman to endorse the final surveys subject to fulfillment of the following condition. All conditions must be met within six (6) months of the date of this resolution: The filing of new deeds pertaining to the merger of the 3,260 square feet from the 54,298 square foot parcel, SCTM# 1000-116-7-3 with the 55,336 square foot parcel, SCTM# 1000-116-7-4. Please contact this office if you have any questions regarding the above. Sincerely, Chairman enc. THIS LOT LINE CHANGE BETWEEN IS LOCATED ON IN SCTM# 1000- AND LOT LINE CHANGE Complete application received Application reviewed at work session Applicant advised of necessary revisions Revised submission received Lead Agency Coordination SEQRA determination Sent to County Planning Commission Review of SCPC report Draft Covenants and Restrictions received Draft Covenants and Restrictions reviewed Filed Covenants and Restrictions received Final Public Hearing Approval of Lot Line -with conditions Endorsement of Lot Line ms 1/1/90 APPLICATION FOR APPROVAL OF PLAT To the Planning Board of the Town of Soutbold: The undersigned applicant hereby applies for ~e)~ approval of a subdivision plat in accordance with Article 16 of the Town Law and the Rules and Regulations of the Southold Town Planning Board, and represeuts and states as follows: 1. The applicant is the owner of record of the land under application. (If the applicant is not the owner of record of the land under application, the applicant shall state his interest in said land under application.) 2. The name of the subdivision is to be ..... ,~.../Q.~.. ..................................... 3. The entire land under application is described in Schedule "A" hereto annexed· (Copy of deed suggested.) 4. The land is held by the applicant under deeds recorded in Suffolk County Clerk's office as follows: Liber ........................ Page ...................... On ....................... ; Liber ........................ Page ...................... On Liber ........................ Page ...................... On Liber ........................ Page ...................... On ....................... as devised under the Last Will and Testament of ...~..~t~. ............................... or as distributee .~.~... 5. The area of the land is ... ~.-..~.. ......... acres· - 6. All taxes which are liens on the land at the date hereof bave been paid excel~t ...... ": '~'~,, .... ~:c~r.~r~. 7. The land is encumbered by .... /_~...~. ............................................. mortgage (s) as follows: (a) Mortgag~r~Liber .............. Page .................. in original amount of$ .............J ~-,unpai~ ................. held by ...................... .............. address .............. ~ ....................................... ......... Page .~ --'...."777D~... ~ ........ in original amount (b) Mortgage recorded in Liber of .............. unpaid amount $ ...................... held by'%'~.-.<.._ ................. address '~ (c) Mo?T-Wag~~ .......... Page ................ in original amount 8. There are no other encumbrances or liens against the land except ........................ 9. The land lies in the following zoning use districts ....................................... 10. No part of the land lies under water whether tide water, stream, pond water or otherwise, ex- 11. 12. The applicant shall at his expense fnstall all required public improvements. The land (does) ~d0e~'~t~lie in a Water District or Water Supply District. Name of Dis- trict, if within a District, is ............................................................. 13. Water mains will be laid by ..... .~...~?.~./.~../.~.. ............................ and (a) (no) charge will be made for installing said mains. 14. Electric lines and standards ,.viii be installed by .... /~...e~..~..~:./....~. ~.. ......... ..................................... and (a) (no) charge will be mad~' for installing said lines. 15. Gas mains will be installed by ......................................................... and (a) (no) charge will be made for insfalling said mains. 16. If streets shoxvn on the plat are claimed by the applicant to be existing public streets in the Suffolk County Highxvay system, annex .Schedule "B" hereto, to show same. 17. If streets shown on the plat are claimed by the applicant to be existing public streets in the Town of Southold Highxvay system, annex Schedule "C" hereto to show same. 18. There are no existing buildings or structures on the land which are not located and shown on the plat. 19. Where the plat shows proposed streets which are extensions of streets on adjoining sub- division maps heretofore -filed, there are no reserve strips at the end of the streets on said existing maps at their conjunctions with the prolzased streets. In the course of these proceedings, the applicant will offer proof of title as required by Sec. 335 of the Real Property Law. Submit a copy of proposed deed for lots showing all restrictions, covenants, etc. Annex Schedule "D". 22. The applicant estimates that the cost of grading and required public improvements will be $../~J.[/~... as itemized in Schedule "E" hereto anuexed and requests that the maturity of the Performance Bond be fixed at .... .At/.. ?.~. .... years. The Performance Bond will be written by a licensed surety company unless otherwise shown on Schedule "F". (Signature and Title) STATE OF NEW YORK, COUNTY OF..~..~...~.f.~..~.. ............... ss: On the .................. Z~t'T$ day of....~. ~..'~....~...~?..~.~. ......... 19. .... ~., before me personally came .... -~' '~'~". '/~-' '/~-.-~ --~. - .~'. · .~- ............ to me known to be the iudividual described in and who executed the foregoing instrument, and acknowledged that .~..~.~..~'.... executed the same. RICHARD BLECH Notary Pubhc, State of NeW York No 02BL5040427 Qualified m Nassau County/~¥,/ Commtss~on Expires March 13, Notary Public ST..k.T.E OF NEW YORK, COUNTY OF ............................ ss: On the ........ ~ ....... day ............ of .............. , 19 ...... , before me personally came ...... , ................. to me known, who being by me duly sworn did de- pose and say that ............ resides at No ..................................................... .............................. that .......................... is the .......... of the corporation described in and which executed the foregoing instrnment; ~;~at ............ knows the seal of said corporation; that the seal affixed hy order of the board of directors of said corporation. and that ............ signed .............. name thereto by like order. Notary Public Southold Town Planning Board Town Hall Southold, New York 11971 Gentlemen: /~-/z~.- ?- ~ 2~ /c~xp-//~-7 -3 The following statements are offered for your consideration in the review of the abov~umentioned minor subdivision and its referral ~o the Suffolk County Planning Commission: (1) No grading, other than foundation excavation for a residential building is proposed. (2) No new roads'are proposed and no changes %~ii1 be made in the grades of the existing roads. (3) No new drainage structures or alteration of structures existing are proposed. 14-16-4 (2/87)--Text 12 PROJECT i.D. NUMBER I 617.21 I Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION: Mu.icipallty 5 ~:~'/-~'??'~' ~ County 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 5. IS PROPOSED ACTION: [] New [] Expansion 6. DESCRISE PROJECT BRIEFLY: /~Modificat ionlalt eration ?. AMOUNT OF LAND AFFECTED: Initially ~, ~(~' S~'/ /~ W¥~L~ILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ~/Yes [] No if No, describe briefly 9. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT? .cResidenDal [] industrial [] Commercial [] Agriculture r-]Park/Forest/Open space [~Other i0. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)~ - [] Yes .~No If yes, list agency(s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ...~No If ye~, list agency name and permitlapproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERM T/APPROVAL REQUIRE MODIFICATION? [] Yes ,~o I ~CERTIF THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE SIgnature:Appllcantlsp°nso¢ ame'~~/~:~~t.~~' ~"'~/..~ ~. /~7~ Date: 2/~-///~;~ If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 ~ARq' II--ENVIRONMENTAL ASSES~NT (To be completed by Agency) DOES ACTION ED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617.127 If yes, coordinate the review process and use the FULL EAF. [~Yes o B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 61;'.67 If No, a I~ative declaration [] Yes ~No C. COULD ACTION R~SULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, if Isglble) Cl. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic patterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explaln briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly:. C3. Vegetation or fauna, fish, shellfist~ or wildUfe species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explaln briefly. C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1oC57 Explain briefly. C?. Other impacts (including changes in use Of either quantity or type of energy)? Expiain briefly. D. IS THERE, ORI~STHS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes ~'No If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIF~ICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occu~ Then proceed directly to the FULL EAF and/or prepare a positive declaration. ,~ Check this box if you have determined, based on the information and analysis, ab~)ve and any supporting documentation, that the proposed act[on WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the'reasons supporting this determination: Name of Lead Agency The Town of Southold's Code of Ethics prohibits conflicts of interest on the parb of town officers and employees. Tho purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, licit name, middle initial, unles~ you are applying in the name of ~omeone else or other entity, such a~ a company. If $o, indicate NATURE OF APPLICATION: (Check ail that apply.) Tax grievance Approval of plat (If "Other," name the activity.) Name of person employed by tile Town of Southold Title or position of that person Describe the relationship between yourself (the applica~tt) a{ld the town officer or employee. Either check the appropriate line A) through D) and/or describe in time space provided. DESCRIPTION OF RELATIONSHIP 1~: O?p Suln Orioli (.~ MR. 6: MRS. F. ORIOLI 3373 PORTRUSh AVENUE. APT. hll .i .lARD. OHiO 43026 334-?588 p.2 Southold Town Planning Board Town Hall Southold, New York 11971 Lot-Line Change HaWs Creek Drive Mattituck, New York 1000-116~7-4 & 1000-116-7-3 Southold Town Planning Board: In reference to the above captioned matter, we, Francis and Judith Orioli, as owners of Section 116. Block 7, Lot 3. approve of the proposed lot-line change. The reason for the lot-line change is a conveyance of the parcel of property to the owners of Section 116. Block 7, Lot 4. Sincerely, Francis Orioli JUdith Orioli STATE OF OHIO, COUNTY OF ~_~OoL~ ~ . ss: Onthe q-W~ dayof .'c~' , 1999, before me personally came Francis Orloll to,,.m.e known to be the individual described in an~ who executed the foregoing in~ ~g ~,,,.ac owledged that he executed the san~/ ....,. X F// ..., i .~ ~ ! ~OTa~¥~UmC, STa?~O~O,~O Not Pubhc STATE ~~OF ~r ,SS: On ti ...... ~.,.~ day of ~ , 1999, b~ore me p~mn~ly cme Judith Ofioli to me ~om to be the indi~d~ descfib~ in and who executed the foregoing' ,, ~ ~, ,.,. _ ~ ~nst~,~ acknowled~ that ~e ex~ut~d the .,,,: ,,- i ~ ~ NOTARY PUBLIC, STA~OFOHIO T--'~ ...... ~ / x 10-D-ti ~ ~,~4~' ~ ~r Commission ~pims Nov. 1, 2~1 ". ,.,.,,~,%. Febmary25,1999 SUSAN M. MAGG 51 HEARTH LANE WESTBURY, NEW YORK 11590 Phone (516) 334-0751 Fax (516) 794-1581 Southold Town Planning Board Town Hall Southold, New York 11971 Re-' Lot-Line Change Hall's Creek Drive Mattituck, New York 1000-116-7-4 & 1000-116-7-3 Southold Town Planning Board: In reference to the above captioned matter, I, Susan Magg, as owner of Section 116, Block 7, Lot 4, approve of the proposed lot-line change. The reason for the lot-line change is a conveyance to me of the parcel of property. Since~~ /~ *Su~-san Magg ~ STATE OF NEW YORK, COUNTY OF NASSAU, ss: Onthe dayof f~,rd/2z;~, 1999, before me personally came Susan Magg, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public RICHARD BLECH Notary Pubt~c, State of New No 02BL5040427 Qua,al,ed ,n Nassau County Comm~ssmn Expires March 13. SUSAN M. MAGG ~'o,,e?~_ .,~' ) 51 HEARTH LANE WESTBURY, NEW YORK 11590 Phone (516) 334-0751 Fax (516) 794-1581 STATE OF NEW YORK COUNTY OF NASSAU AFFIDAVIT ) ) SS. Re: Lot-Line Change Hall's Creek Drive Mattimck, New York 1000-116-7-4 & 1000-116-7-3 The undersigned being duly sworn, deposes and says that upon approval of the above captioned lot-line change, the property will be merged into District 1000, Section 116, Block 7, Lot 4. Susan Magg ~ Sworn to before me on this February, 1999. ~5~ dayof Notary Public RICHARD BLECH Notary Pubhc, State of New York No 02BL5040427 Qualihed m Nassau Countyv/~/ ~ Comm~samn Expires March 13, , t --/ 01 ~%00 D~.CLAI~TION OF COVSNA~8~ F~SEI~L~TS~ CHARGES ~ by Bo~i~ Ventures Ltd.~. a N~ York Co.re,ion with o~fices N I T N E ~ S E T HI d~acribed in Article i! of this Declaration and shown on the propolod subdivision map which Declaran~ desires ~o develop · · 0 · reeid~fltiol co~nl~ with c~n f3cilities for the ~fit of .~id C~unlty~ end V~, Developer debitS, to provide for the and for the ~lnten~nce of th~ open (l~llitl~ml mod, to this end, d~sir~' and oLher c~n sub~ect the reel MI~RP~S, Develnper has incorporated Bs~viev Hc~mt Ovn~ra AllOcietlon, Inc. under the nat-f~r-pro!lt corpor,tio~ N(~f ~NEREFOR£, the Developer, for itselt, its successors and ealigna, declares that the ~aal property described ;n easements, charges end liens (eo~tl~es referred to as The 2ollo~inq ~.crds when used in this ~cla~ation or any su~l~n~al ~lor~tiofl shall, unless the context othe~lse ~ners Atavist ion. Inc., a M~ York Not- [o~-Prolit e~isttn~ pro. Flies ~ are subject to this ~ecla~ation. p~rtten. f~ sidle title to any ~t, including the ~velo~r with res~ct ~o any unsold ~t. ~ ~t ~er shell ~ trqate~ f~r all put.sen Is a single ~e~ tot each ~t held~ lf~s~tiv~ si ~h~thsr s~ch ~ership Is Joint~ in c~n or ~n or tenancy by the entirety~ a ~aJority vote of such iai '~r" shall ~an and re[er to each bolde~ of a ~,.'lhip interest In the lssociatio~, as luch interes2 is Ill '~v~lop~' sh~ll ~an Nap si Ba~l~ Ve~tu~es a 39 ~t d~v~l~nt l~ated on ~he pro~rtios. iq{ '~velo~r" shall ~an and re,er to Ba~i~ or s d~veto~d but ~nsold ~rtion si t~ pf~cties !r~ ~ Devaluer for th~ pur~nt~ si develo~nt. and ~tfer to certat~ areas o~ /land othe~ t~ i~ivi~l ~ as shorn on the [iled subdivision map and intenJed to be devoted to the common use and enjoyment of the owners of the l~nd~d a~d su~vid~d ~or ~esidGntlal UB~ ~h~ subdivision ~p o[ tho ProHrties but shall not includ~ the ,~n ~r~s ~s herein defined. ~ctton 1. P~rties. ~he real property which Il a.t s~ll ~ ~eld, transferred, ~old, convey~ and ~cupl~ o[ ~t~old, ~ounty o[ Yuffolk and ~tats ~r~ ~rtleularly ~undeu and described in Schedule A annex~ ~ isolation shell have one class of ~ership hch ~r ts entitled to one vote for each lot ~Bich the~ bold · ~ership ~ntereut, ~en ~re then o~e ~r~fl or entity holdt suc2 afl,crest ~n any lot, the one vote attrib~table to such lot shell ~ exercised ~tullly dateline but with the ex.rich voting ~ployed in the election of Directors, not ~re than AJ~'TCLR IV. PROPERTY WIGleTS IN Section 1. Members' Easement o! Enjoyment. Subject to the provisions o! Section 3, every Member shall have a right al~d caner-tnt of enlo~nt in a~td to the Pro~r~es a~ ~ m ~velo~r shall convey to the Association legal title to the Co~n Pr~rties subject, he.ever, to the follo~ing covenants which sh~l! ~ dee~d to run with the land and {l) In order to preserve and enhance the property values ~ad a~enities of the Develope~nt, the Cmm~on Properties and all facilities now or hereafter built or installed thereon, shall at ell times be maintained in goo~. repair and condition and shall be operated in accordance with hiqh standards. ?he maintenance and repair of the C~n Properties shall include, but not be limited, 'o the repair of damage to roadways, walkvsyl, buildings, and coarsen eras landscape Iii) tn the event that arranqmnta for do~stic water .... aup~ty tO the devalopr~ont by the Suffolk County Water Authority or any Nunlclpal w4ter district have not ~sefl ~ad~ prior to the filing of the final subdivision map, than the Developer shall construct a water supply~ traat~nt sad d!~tribution system Ithe 'Wa~ar in accordance with plans and specifications approved by the State al New York Department of Health. Prior to conveyance of the water system to the Association, tho Developer shrill a) P~oduc~ an estimate iro~ the Consulting Engineers vh~ designed the plant, ofz {i} the annual cost to be ~elegat~d to a special fur~ for p~.¥sical plant maintenance and for replacement of the {ii} the coma of operating the syste~ for a [~rl~ of cmo year~ (iii) the cost o! sup[;:¥ing and lasts!ling carbo~ b! Post a performance bond or similar ~dartak£r~ is an ausection a! liil! heres[. m i {iii} ?he issoc~.,tion without c.;st or cha~ge u! any kind e&lWnts of enjoyment creat~ hereby shill ~ lubJect to ~he its ly-~s to nus~nd the en~o~nt rights of any u~td a~d foe any ~rl~ not to e=~ed thlrtl IlO~ days for any lnfractlo, of its ~bltshed ~les a~ le~lations~ Ih} ~e right of the Ass~iatl~ to d~dicate Or ~ndttione t~r~f, shall ~ eff~tlve unless an iff entitl~ to cast eighty {80ti ~r~nt of the eligible in through, under, over upon ~nd &ccross the Properties for the cc~pletio.t of the O~veloper'a work under Section 1 of Article V. Section 1, Developer intends to subdivide approximately 19 &~.t~ of land into lB residential lord together c~me~n strut a~as, ~ach and water trsat~nt facility. s~tioo ~, ~se~nt. ~velo~ d~s hereby establish 9rint ifld coflvpy ~o e~ch of the I~or~ntioned~ the foll~in~ ii) Rlght~f~ay for ingress ~nd ~resm by vehicles or (ii} Wights to connect vithf ~ln~in and make use utility lin~l, vires, pi~l, co~uitl, c~ll li~l, IMrl and drainage lines vhich m~ fr~ time to ti~ P~c~rtJ~s, for the pur~se of ~leting ltm york under 8~tio~ I a~ and t~ards this pnd, r~so~es~ the right to u~er. o~r an~ mcrosm the Properties, for the lnltallation, ~intenance and inspection of lines and appurtenances for p~lic or privets v~ter, s~vor, dralnaqe, cable t~levtsion, g~l and other tltilittem and for any ot~er ~teriall or s~rs and ~rain~e lines which ~ fr~ ~ro~r t i es, m originally constructed by Developer oncroaches on any lot cr the Cr.~on Areas, it shall be dee~fl that thc ~er o~ such tho ~r o~ %h~ a~i~J~g ~o~ oF the Ass~a~ion as ~he case line, ~r t~ructu~e. The for~olng shall also apply to any repl~ce~'~ts of any suc~ roadway, wal~ay, driv~ay, parking conlt~t~ In 8~bm~4ntial con~o~nce to ~ original. [~r~oi~ ~ltlon~ shall h ~tual in duration sad shall ,. ~ ~v~io~r, for each ~t ~ ~ It ~lthin the pro~l[iwl, hereby c~venants and each ~er o[ any I{~ by expreua~ in any such deed or o~her coflveya~ce, shell be ..,,~ and apgesse~ to the Me.ers al hereinafter provided. All *ueh inter.st thereon ~s ts her~l~a[te= pr~l~, shall c~=~e on ~he l*n~ ~nfl Ihall be a coBtl~i~lng lien u~n the p~r~y ~ by such M~er aqo~nlt which ~ach such h~roinait~r provided sh~ll ~ a ~rlonal obligation of tho ~rmon who was the ~n.r of such probity at the ti~ when lev pu~se of prating recreation, heal~, safety a~ ~lfare c~uni~y and in ~a~ticula~ for the i~r~t ~int~n~n~ of pr~er(ie~ service~ an~ facilitie~ d~otg r~plac~n~ ~nd additions thQz~to~ and the cost o~ la~r, Directors ~h~ll~ fr~ tl~ ~o tl~ but at least annually~ ne~ssa~ dna adequite for the continu~ ~ratlofl ol the Ais~lltion a~d shall send a copy of the budqet ~nd any · ~unt r~ulr~, lncl~lnq the o~r~tional ite~,s such ~rs mm roll.st Each ~em~r sh~/1 pay · ~%t/on of said ~tr~ntB th~ nu~ritor ol vhich shall be one (1} ~n~ ~tm on the ~ro~rtl~s p~ect to this Oeclaration~ ?hirty-~tgh~ i30). ~he Develo~r'l obligation fo% such ~smess~nt~ o~ ~n~old lots sub~ect to this Declaration vii1 ~ limited to the difference bergen the ecrus1 on th~ C~ ~roperti~s and on ~tz to vhich title hms viii th* Oovel~r be r~uired to ~ka a individual lot ~er s~ll r~onstitut~ an asses~eont ~nstitu~e lien~ on the lr:divl~el lots. sub,eot Sectin~ 4. Due ~atesl Dutie~ o~ the ~erd o~ Directors. or~e%~ by t~ ~lr~ ol Directors. The ~o~rt of Directors o~ roster of the lots and a~sea .~nta &pplicable thereto vhich ~h#ll be keFt in the office .~[ the issociation end shall be o~n to ins~ction by any H~ ~r. U~n the written of · ~r o~ bin ~rt~ag~ ,. the B~rd shall pr~tly furnish such ~r or his ~r.qaqee ~itb · ~ritten statement p~ruQnal Obliiatlon o~ the Me~r[ ~he blent ReMdimm continuing Lien on the M~er'l lot vhich shall bind such the ~l~int in such action, and In th~ ~snt a ~u~ant occop&nt and the manaqinq agent, if any, against liability c~tent c~tainable, the B~d of Dir~etors shall also be r~uired to ~taim the foll~lnq insurance i ia} fire th~ C~n ~rt{~*, in mn m~unt ~u~l to thAlr · he use of a N~ b~ I ~r or othe~ ~pan~ ~lar~tion, the ay-~s and }ulee Jnd I~latio.~. ol ~ of Directors and the full.lng covenants ,'and remit icttonmt. end ~rall m~mranc~, (bi Any ~[ *~ho ~rtgagel or NIXI his ~t shall ~tify t~e B~K u[ ~ir~ctori providing tbs n~ nnd addrell IdJ Mo w,uiaances shall ~. oll~d u~n Be pro~rty nor shall any use or practice ~ wll~d which is a s~rce ~mielliOn ind pro~r use Ot the p~o~rty by its residents. (e) No l~pro~r~ offensive or unlavful use ihall ~dc of th~ pro~r~y nor ~ny part Ch~reot an~ all valid so. A1.{ ordinances, the requlat/ons of all g~ern~ntrl b~ies ha~lng ~urisdiction thereof, s),all ~ ~le~ed. (~{ All d~s ~st be leashed an~ shall not ~ p~mittod to ~n l~es on t{~ c~n areal. K~ ~era shall fes~nsible lot pic'lin~ up and dis~ain~ o[ their d~'s 10 ad~r~n~n~ or ~sters of any kind In or on the Pro~rtles garaqe or ~rking s~co nor ~y ~ny vebfcl~ ~ ~rkcd on }}{ WO ~ir of ~tor vehiclts s~11 ~ ~de in ~ny nor Ihall luch~r~as ~ us~ for storlgl or perking of (k) ~o ~rson shell ~ ~itted to use the r~rtl~ lo,il f~cillti~ o[ th~ lss~latio~ e~cept · c~ with t~ rules and r~ul~tions establish~ by (1) ~ C~n Area sh~ll not ~ obst~ct~, littsr~ ~uct Be lc l~ally responsibl~. ~ection I. ~ene[iclarles oi 8ls~nts~ Wights end Pri~il~es, l! to t~ls ~cl~r~tion, thet~ res~ctive legal representatives, s~id c~enantd and restrictions ohsll be automatically existed [or succe~siv~ ~rl~s of ~n {10) years unlels an [~-2/3~) oF the ~t ~ers has ~n re~rd~, agreeing tho p~rtJes by section l of Article V shall be per. Suni, ~hall run with the land and ghall evolve any destructl~, re~nstnctlou ~nd r~lxatto~, of ~he physical st~ctur~s unl~{s ~ld p~tsion Is abr~at~ by the unani~us ~rltten ~sint o[ ~11 the lot ~ers. ~otvithstand inq the for~oinq, the ~l!qacion si the lssoci~tion to trlnsier the ~nt, ;' supply and distributl~ {aclliti~s ~y not be ~br~ated Suf[olk C~nty Oepart~nt of Nenlth Services or any other ~nlcipal de~rt~nt which shall su~e~ it. Unless n~lfl~ally prohibi~e~ herein, thf~ Decllration ~.y be to ~ e~feetive. ~ dedlcat~ to an appropriate public age "F or utility to t~s~ to ~lch they ~re r~ir~ to ~ d~oted by the la.cLarion. In the event suc~. didicatios it do~m~*~s b~ depri -- such disposition. Section 4. Notices. Any not'-e r~quired to ~ suni any p~K-~e~ or C~er under the p~si~ of this ~larat~ shall ~ d~d to have pr~rly ~mt ~ ~ilg, ~st~ll~ to tbs l~st kn~ address of ~ pr~ ~ ~szs ~s such ~ilin~. }ud~nt or ~rt order sh~ll i. ~o ~l~ ~ft~ct s~ of r~ining pr~lsio~s h~r~ ~nd~ s~ s~ll ~tl~ m ]~'~a%'~ ~o~'~w~'Yo ~kt ~ntotwintuck, To~n of Southhola County df' S.ffolk and entitled, "Map o~ Harbor View at~attituc ,, ' ' t Said pr~mises further being the same re Subject to covenants, restrictions reservations and easements Qf Sukfolk on jsnldarv 3 '1om~ ~ f~c~q~ ~e_Clerk of the Count of ']1728 TO :;IAI[: 3[ NEW SS.: CI,wIfly of {;ulk:,lk I, F!)W/~.[]f~ P. RCiM^lNE, Oh]~kollhoCounlyolSullolkandCle~kollhoSupremeOoullollheSlalo of flow Y(, k in and for said Courtly (~aid Coufl beinq a Coult of Record} DO HEREBY CER I IFY thai Ihavo COml,a,od tho nnnex(,d copy Deed Llber and thai il is n just and line copy ol such original ~ ~ and of lbo whole lhefeot. IN 1ESIlMONY WllEftEOF. IhavohemunlosehnyhandmldaflixedlhcsealolsaidCou'lY ........... · ...... Cl~k. T O~~.~'I~,O L D 8outholcl. N.Y. 11971 (516) 755-1935 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED WITH YOUR APPLICATIONS FOP~MS TOTHE PLANNING BOARD Please complete, sign and return to the Office of the ~Planning Board with your completed applications forms. If your answer to any of the fotlowing~ questions is yes, please indicate these on your guaranteed'survey or submit other appropriate evidence~ 1. Are'there any.wetland grasses on this parcel? ~ (Attached is a llst~o.f the wetland grasses defined~ by the ~wn Code, Chapter 97, for your reference) 2. Are there.any other premises under your Ownership abutting this parcel? Yes 3. Are there any building permits pending on this parcel? Yes 4. Are there any other applications pending concerning this property before.any other department.or agency?(Town ,~ State, County, etc. Yes 5. Is there any application pending before any other agency with regard to a different project on this parcel? 6. Was this property the subject of any prior application to the Planning Board? 7. Does this property ]]ave a valid certificate of occupancy, if yes please submit a copy of same No Yes ~ Yes ~ Yes' '- ~ ~~~derlng .his app!ica~_/~;. Signature. o~r-property owner author~ze~ ~ge~ date -.. Dper t~_ .°,%~~U t .... Attachment to questionnaire for/the Planning Board ~/~ STATE OF NEW YORK, COUNTY OF S~%~K, ss: On the ~ day of /~/~/~ , 19~, before me personally came_ ~'~/~2/9/ /~/~ to me known to be the individual described in~and who executed the foregoing in'strum~ and acknowledged that Notary Public RICHARD BLECH Notary Pubhc, State of New Yo~k No 02BL5040427 .- Qualified m Nassau County /~.. Commission Expires March 13. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHANI, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant April 5, 1999 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed lot line change for James Orioli & Susan Magg SCTM#: 1000-116-7-3 & 4 Location: Hall's Creek Drive, Mattituck SEQR Status: Type I ( ) Unlisted ( X ) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This lot line change ks to subtract 3,260 square feet from a 54,298 square foot lot and add it to a 55,336 square foot lot. Page 2 SEQR Negative Declaration - Lot line change for Orioli-Magg April 5, 1999 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: John P. Cahill, DEC Albany Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Elizabeth Neville, Town Clerk Applicant ~'4~ PM- ~ l~earm$1or me fo~ S~ of N~ Yo~ S~ ~; on ~ ~ by ~ ~S ~t ~);~u~ ~d ~ or f~ly of ~ ~ ~ w~ ~ ~d n~ ~ for-' ~:~ RM. ~b~ ~8 ~ lot ~ Oh'"SC for ~ ~ ~{~t~k, To~ of ~u~old, ~ of S~o~ Sia~ of New York. $~o~ ~ty T~' map N~ 1~11~7-3 & 4. ~e p~ ~ ~r~ on ~ no~ by ~ n~ ~ f~ly of St~ D. O~ ~ Helen D. M~ ~); on ~ ~u~ by ~ now ~ fo~ly ~ by ~ ~ ~ve. pro~ l°t ~ ~e for mond 3. ~ ~d ~ol M. HoM, ~ ~ut~ To~ of Southold, ~unty of Suffo~, ~ ~f N~ York. ~o~ T~ ~p N~r 1~-2-16 17. ~ p~y ~ ~rde~ on the no~ by ~d now or f~erly of land now or fo~efly of R~B A. Pel~o; on ~c e~ by ~d now 0r fo~rly of Edw~ R. ~ E~n E. DeuX; on thc by l~d now or fo~erly of ~ Ii A~ & Rudolph DZ~; on the ~uth by Main Ba~iew ~; ~d on ~c l~d now or fo~erly of Fr~ ~ ~d w~c. 8~ ~M. ~b~ hca~ for p~ ~ p~ for ~y ~r of. New Y~k. S~o~ ~ T~ NOTI(~ I~ HF..REBY OIVEN To~ L~w, ~ Aiik~ XXV orme Map Number 1000-9-12-8.1. Thc Property is bordered on the north' by land now or formerly of Heury W. Hobson, Jr. alid by lmid now or formerly of Joan L. pag- notta, by [and now or fonncdy .~ John W. 'Merrier, III & C0xn~ code of the To~,~ of ~ a DaleY, by land now dr fon~crly~of p~blio hem, l,a~ wi~:bg: I~ekl by- ~he Margaret M. Bo~ert, ~nd bY Etttick On th~ 5ill day of Aplil, 1999 on the' t~ate~: marc-/-o,', questiou of the followin~ BY ORDER OF ~ 7+20 P.M. Public heat~n~ for the SOUTHOLD TOW~ propo~d minor subdivision for in Pe~onle, Town jof Southold,' Cotmty of Suffolk, State of New York. Suffolk Count~ Tax i~Map Number 1000-~-1-9. Th~ property is bordered on the north by ~ uow or formerly of P~conic Land Trust, Iuc.; on the east R~mond Creek; and on the we~t by Inn,l-now or fonnedy of Peconlc 7'35 p~d. Public heafin~ for proposed em~uded ~t~ plan for Suffolk Coun~ NatinnSl Cutcho~ue, Toym o~ $outhold, Count~ of Suffolk, State of Nnw York. S~fo~ Coun~ Tax M~ Number 1000-97-f,-12.. Wne pro~rty is book,ed c~ the m {imm sm~theast by Main Rda~l: ~ ' ~ BeOnett Chairman 1653-1TA1 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) k. JJ~O.~, [J~Jl{[ 1,~ of Mattltuck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regu- ~:~'~i'~ [~i, ~]~ publlshe~l in sald Newspaper once each ~ [~ for | weeks successively, $Outhoid Town ~'~ Principal Clerk Sworn to bef. f~re m.e this ayof NO. 524655242, SU~FOUI C0UNIY ~MM{$$t0N AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as /~- /l~ - '7- ~ ~. q by placing the Town's official poster notices(s) within 10 feet of the front property line facing the street(s) where it can be easily seen. and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on /tf'~-~z- _~, 1999. I have sent notices, by certified mail. the receipts of which are attached, to the owners of record of every property which abuts and every property which is across from any public or private street from the above mentioned property on /'r T~(~' ,~7., 1999. Your na ¢n~d~p rint) ~- Si~ature ~ Address Date Notary Public RICHARD BLECN Notary Pubhc, State of New Yor~ No O2BL5040427 Qualified m Nassau Coun~ Commission Expu'es March 13, PLEASE RETURN THIS AFFIDAVIT AND CERTIFIED MAI1 RECEIPTS ON TI-IE DAY OF. OR AT l'flE PUB/.IC HEAl?lNG Re: Ori6 ii - Ma.]~ SCTM#: 116-'t-~ Bate of Hearing: APR 0~, Southold Town Planning Board I also wish to reoeive the ~ SENDER: ' r~ --~ ? ~ . Coffiplw~ iteml 1 end/o~ 2 fo~ mddllk3r~ ~e ,~ ~ ~ng ~ (for~ ~~~~.~. 2.~ Re~ ~ ~~~~~ C~u. ~ter for fee.' ~ 3. Article Addressed to: 4a. Article Number "'~ 5. Received By: (Print Name) 4b. Sen~ce Type [] Registered ..~Certified [] Express Mall [] Insured [] Re~umRecetptf<xMemh~ [] COD 8. A~.~;c,c='s A~.~, (On/y if r~w~te~ PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS K~NNETYI L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 24, 1999 Mr. & Mrs. James Orioli 51 Hearth Lane Westbury, NY 11590 Proposed lot line change for Orioli & Magg SCTM# 1000-116-7-3 & 4 Dear Mr. and Mrs. Orioli: The above noted subdivision application was scheduled for the Planning Board's March 22, 1999 meeting. This meeting was canceled since the Planning Board didn't have a quorum that evening. All items scheduled for the March 22nd meeting have been re-scheduled for Monday, April 5, 1999, at 7:30 p.m Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit &Posting and the signed green return receipts from the certified mailings on the day of, or at the public hearing. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman enc. ,'S87° 07'50"E ,3. ZGO ~ _ 227. Z~ ' /4,000 378.54' 331.20' p~er Southold Town Plannin.q Board Notice to Adiacent Property Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold for a lot line change. That the property which is the subject of the application is located adjacent to your property and is described as follows: Proposed lot line change for Francis and Judity Orioli, and Susan Magg, SCTM#1000-116-7-3 & 4, located on Hall's Creek Dr. That the property which is the subject of this application is located in the A-C (Agricultural-Conservation) zone. That the application is to subtract 3,260 square feet from a 54,298 square foot lot and add it to a 55,336 square foot lot. SCTM# 1000- 116-7-3 & 4. (See enclosed map.) That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. That a public hearing will be held on the matter by the Planning Board on Monday, April 5, 1999 at 7:50 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: Notice of Hearing A public hearing will be held by the Southold Town Planning Board at Town Hall, 53095 Main Road, Southold, New York, concerning this property: OWNER(S) OF RECORD: Francis & Judith Orioli and Susan Magg NAME OF APPLICATION: Lot line change for above REFERENCE/TAX MAP #: 1000-116-7-3 & 4 SUBJECT OF HEARING: to subtract 3,260 square feet from a 54,298 square foot lot and add it to a 55,336 square foot lot. TIME & DATE HEARING: Monday, April 5, 1999 at 7:50 p.m. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8 a.m. and 4 p.m. PLANNING BOARD - TOWN OF SOUTHOLD - (516) 765-1938 Mar 19 9B 11:38a .~]smn Orioli MR. & MRS. J. OrlOLI 495 hALL'S CREEK DRIVE MA~TItUCK, NEW YORK 11952 March 18, 1999 Southold Tow~ Planning Board Town Hall Southold, New York 11971 Re: Lot-Line Change Hall's Creek l)rive MattitueL New York 1000-116-7-4 - Susan Magg 1000-116-%3 - Francis & Judith Orioli (518) 334-7~188 MAILING ADDRESS: 51 HF~RT4 LANE WESTbURY, NY 11 ~ PHONE (516) 33zF0751 FAX (516) 79zl- 1581 Southold Town Planning Board: In reference to the above captioned matter, we previously submitted the nquired documentation for a lot-llne change. As discussed wilh your office stab wt' were hoping to have a response shortly, as our brothe, is in contract to sell hLq property (Lot 3) and he wants to be assured that the lot~ line change will be approved. ffpossible, please provide us with some form of acknowledgment regarding approval of said lot-line change. Tha,~k you for your courtesy and cooperation. Sine.ely, Jmes Odoli & Su~an Magg Orioli SMO/~o Enclosures ~ :4 Board March 5, 1999 MR. & MRS. J. ORIOLI 495 HALL'S CREEK DRIVE MATTITUCK, NEW YORK 11952 (516) 2~4053 MaiLING ADDRESS: 51 HEARTH LANE II WESTBURY, NY 11590 i1 PHONe (516) 334~)751 '~__.~ (516) 794-1581 Southold Town Planning Board Town Hall Southold, New York 11971 Re: Lot-Line Change ~ Hall's Creek Drive Mattituck, New York 1000-116-7-4 - Susan Magg 1000-116-%3 - Francis & Judith Orioli Southold Town Planning Board: In reference to the above captioned matter, enclosed herewith are the following required documents for a lot-line change: · Consent letter by owners · Affidavit that property will be merged · Existing covenants that apply to the properties · Form letter · Short Environmental Assessment form · Application · A check for two hundred fifty dollars ($250.00) · Questionnaire · Eight copies of the required survey Upon your review of said documents, please advise us of your decision regarding approval of the lot-tine change. If further information is required, we may be reached at (516) 334- 0751. Your prompt attention to this matter is greatly appreciated. Sincerely, James Orioli & Susan Magg Orioli SMO/db Enclosures e MR. & MRS. JAMES ORIOL~ 51 HEARTH LANE, WESTBURY, NEW YORK 11590 February 1, 1999 TELEPHONE (516) 334-0751 FAX (516) 334-7588 Town of Southold Planning Board/Town Clerk Town Hall Southold, New York 11971 Re: 495 Halls Creek Drive Mattituck, New York 11952 Dear Sir/Madam: We are interested in moving our property line further onto our brother's property which is adjacent to ours(we have his consent). Please forward in the enclosed envelope the applications/documentation and/or procedures that would be necessary to effectuate such action. Thank you for your courtesy and cooperation. Sincerely, Susan Orioli, Esq. & James Orioli 1999 Southold Town 'Planning Board Ur~uthorlzed cop[ee or* this m~p which were not blueprinted and sealed by Ruzenskl Surveying cra not valid survey ma~.T/Ys rr~p Is void after theft of service. ~r~h ~ Judy ~r~//' 227 S87' 07'50"E /4, ooo ~ ~ 578.54' 331.20' N87° 07'50"W p~er 318.27' 0 (J ~J Note: L Easements If aey not shown are not guaranteed, E, Offsef$ are for a sl~dflc purpose and not fo ~ulde fence~ or Improvements. 3. Subsurface not lnvesfl~ofed. 4. Suffolk County Tax I~).' 1000-/16-7-3&4 5. Not for sate or dIstlbutlon. 6. Reproduction or other use prohibited. T.Not to be used with any ¢ffldovit or Inspection by any unlicensed surveyor or nther. 8, Cerflf ic~tlon$ are not transferable. N PAUL RUZENSKI LAND SURVEYING MAINTAINS THE LAND AND BOUNDARY RECORDS OF Roswell S. Boy/Is C£. & L.S. Inc. c 1906 AC. Purdy L~. (preddent) Jesse W. Well$ C£. (p~rt/ad J,B. Blydenburfh LS.& J.W. Wells C.E. B/ydenburgh Survey J. B. B/ydenburgh & F.H. Boyles L S. J. B. B/ydenburgh & F.B. Saxe CF. & L $. E/den O. Conkl/n L.S. C.F. Thoma$ L.S.- Thom~$ Assoc. Frank Asbury C. E. & L.S. c 1900 William F. Asbury L.S. Andrew PIzanelll L.S.P.C. Edward PIzanelll L.S. William G. Ruzensk! £07 /._/NE t~OD/?/CAT/ON MAP LOTS 29 & $0 HARBOR VIEW AT MATTITUCK filed August 21J987 file * 85(f situate l~cff/tuck,Town of Southold,Suf'folk Co. N.Y. Prepared only for: SUSAN ORIOU This m~p was mode for o specific cllent for o sfleclflc use only. Uablll'iy 15 not extended I~. Not a va/Id mop unless em~ssed with Land Surveyors N.Y.S. Seol. ~ copyright all rlgnt$ reserved RUZENSK/ A% OC/ATE$ Land Surveyor N.Y.$.* 50030 279 Larkfleld Rd. Eos~ Northport, N,Y, 516-261-5992 d~e: 2MARCH99 sc~lez Y. 30' f/la: 1000-116-7-$.4